Legal Procedure And Practice In Medieval Denmark

This book offers a comprehensive examination of how the Fourth Lateran Council’s prohibition against trial by ordeal was implemented in Danish secular law and how it required both a fundamental restructuring of legal procedure and an entirely different approach to jurisprudence in practice.

This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession law that have not yet been thoroughly examined by legal historians, and in doing so they not only add to our knowledge of past succession law but also provide a valuable key to interpreting and understanding current European succession law. Readers can explore such issues as the importance of a father’s permission to marry in relation to disinheritance, as well as inheritance transactions and private, dynastic and cross-border successions. Further themes addressed by the expert contributors include women’s inheritance rights, the laws of succession for the prince in legal consulting, and succession in the Rota Romana’s jurisprudence.

The Danish medieval laws: the laws of Scania, Zealand and Jutland contains translations of the four most important medieval Danish laws written in the vernacular. The main texts are those of the Law of Scania, the two laws of Zealand – Valdemar’s and Erik’s – and the Law of Jutland, all of which date from the early thirteenth century. The Church Law of Scania and three short royal ordinances are also included. These provincial laws were first written down in the first half of the thirteenth century and were in force until 1683, when they were replaced by a national law. The laws, preserved in over 100 separate manuscripts, are the first extended texts in Danish and represent a first attempt to create a Danish legal language. The book starts with a brief but thorough introduction to the history of Denmark in the thirteenth century, covering the country, the political setting and the legal context in which the laws were written. There follows the translated text from each province, preceded by a general introduction to each area and an introduction to the translation offering key contextual information and background on the process of translating the laws. An Old Danish-English glossary is also included, along with an annotated glossary to support the reading of the translations. This book will be essential reading for students and scholars of medieval Scandinavian legal history.

Where medieval Denmark and Scandinavia as a whole has often been seen as a cultural backwater that passively and belatedly received cultural and political impulses from Western Europe, Professor Michael H. Gelting and scholars inspired by him have shown that the intellectual, religious and political elite of Denmark actively participated in the renaissance and reformation of the central and later medieval period. This work has wide ramifications for understanding developments in medieval Europe, but so far the discussion has taken place only in Danish-language publications. This anthology brings the latest research in Danish medieval history to a wider audience and integrates it with contemporary international discussions of the making of the European middle ages.

This book presents a comprehensive history of law and religion in the Nordic context. The entwinement of law and religion in Scandinavia encompasses an unusual history, not widely known yet important for its impact on contemporary political and international relations in the region. The volume provides a holistic picture from the first written legal sources of the twelfth century to the law of the present secular welfare states. It recounts this history through biographical case studies. Taking the point of view of major influential figures in church, politics, university, and law, it thus presents the principal actors who served as catalysts in ecclesiastical and secular law through the centuries. This refreshing approach to legal history contributes to a new trend in historiography, particularly articulated by a younger generation of experienced Nordic scholars whose work is featured prominently in this volume. The collection will be a valuable resource for academics and researchers working in the areas of Legal History and Law and Religion.

Law and Language in the Middle Ages investigates the relationship between law and legal practice from the linguistic perspective, exploring not only how legal language expresses and advances power relations but also how the language of law legitimates power.

In Scandinavia the study of disputes is still a relatively new topic: The papers offered here discuss how conflicts were handled in Scandinavian societies in the Middle Ages before the emergence of strong centralized states. What strategies did people use to contest power, property, rights, honour, and other kinds of material or symbolic assets? Seven essays by Scandinavian scholars are supplemented by contributions from Stephen White, John Hudson and Gerd Althoff, to provide a new baseline for discussing both the strategies pursued in the political game and those used to settle local disputes. Using practice and process as key analytical concepts, these authors explore formal law and litigation in conjunction with non-formal legal proceedings such as out-of-court mediation, rituals, emotional posturing, and feuding. Their insights place the Northern medieval world in a European context of dispute studies. With introductory sections on social structure, sources materials, and the historiography of Scandinavian dispute studies. Contributors are Gerd Althoff, Catharina Andersson, Kim Esmark, Lars Ivar Hansen, Lars Hermanson, John Hudson, Auður G. Magnúsdóttir, Hans Jacob Orning, Helle Vogt and Stephen D. White.

This book presents a novel framework for studying historical legalisation using quantitative methods, with 10 fully-preserved laws from medieval Sweden, written between c. 1225 and 1350, serving as a case study. By applying a systematic classification scheme to each legal provision, it is possible to investigate the major differences and similarities in structure and content between the 10 laws. This, in turn, allows for the re-assessment of many long-standing problems in Swedish and European medieval legal history that have been challenging to address with traditional methods based on text analyses. Over the course of the thirteenth and fourteenth centuries, major changes in the proportion of legal provisions devoted to different fields of law, and to prescribed consequences, are found. The book shows how the proportions of civil law and public law expanded at the expense of criminal law. Furthermore, a clear transition from casuistic to more abstract law provisions can also be witnessed.